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Section 289: Procedure before the authorised officers.

The Jammu and Kashmir Municipal Act, 2000Union territory Act of Jammu and Kashmir · Act 20 of 2000

(1) Subject to the provisions of this Act and of any rules made thereunder every election petition shall be heard by the authorised officer in accordance with the procedure applicable under [the Code of Civil Procedure, 1908 (5 of 1908)] to the trial of suits ; and decided within a period of six months from the date of presentation under section 284 :

Provided that the authorised officer shall have the discretion to refuse, for reasons to be recorded in writing to examine any witness or witnesses if he is of the opinion that their evidence is not material for the decision of the petition or that the party tendering such witness or witnesses is doing on frivolous grounds or with a view to delay the proceedings.

(2) The provisions of the [Indian Evidence Act, 1872 (1 of 1872)] shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.

Where this provision sits

ActThe Jammu and Kashmir Municipal Act, 2000
Section289
Marginal noteProcedure before the authorised officers.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, S.O. 3466 of 2020. . Substituted for “the Code of Civil Procedure, Samvat 1977” by S.O. 3466 of 2020.
  • substituted. . Substituted for “Evidence Act, Samvat 1977” ibid.

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